10-06-1981 Regular MeetingREGULAR MEETING
MIAMI SHORES VILLAGE COUNCIL
October 6, 1981
A regular meeting of the Miami Shores Village Council was held on
October 6, 1981, 7:30 p.m., at the Village Hall, with the following Council
members present:
Mayor Robert J. Lodge
Herbert Spahn, Jr.
Donald W. McIntosh
Henry A. Everett
Elspeth Jensen (arrived late)
Absent: None
Mr. 0. Sam Ackley, Village Manager, and Mr. William F. Fann, Jr.,
Village Attorney, were also present.
Mayor Lodge opened the meeting with a moment of silent hommage to
the late President of Egypt, the victim of an assassination, followed by
the Pledge of Allegiance.
MINUTES - 9/8/81, 9/15/81, & 9/22/81.
Minutes of the meetings held on the dates listed were approved by
motion made by Mr. Spahn, seconded by Mr. Everett and carried unanimously.
PLANNING BOARD MINUTES - 9/24/81.
No action required of Council.
REPORT ON TRAIN NOISE.
A letter was received from Mr. Richard Bender, 8957 Park Drive,
regarding the train noise adjacent to the townhouses and connected with
construction of a new bridge on the Golf Course. Mr. Bender had requested
to be heard at this meeting and complained that the Village's efforts to
restrict the train noise were not effective. Various complaints were aired
against the F.E.C. Railroad, including tying up the crossings for an
unreasonable length of time. Mr. McIntosh suggested that the Council
10/6/81
-2-
authorize the Village Attorney and Manager to explore the law on tying up
crossings. Mr. Fann stated that he knows of no way the city can do anything
with the Railroad, that we should get in touch with Metro and find out who is
on the Train Whistle Committee. Mr. McIntosh thought the State should be
contacted as well as Metro and it was informally requested that a resolution
be prepared on this subject for the next meeting,
BID RECOMMENDATIONS:
(a) Tractor for Golf Course - The following bids had been received;
MEDCO INTL TRACTOR CO., INC. $4,875.00
Miami, Fla. 33166
DEBRA TURF & IND. EQUIP. CO, $4,822.00
Hollywood, Fla. 33021
RICHARDS TRACTORS & IMPLEMENTS $4,494.62
Homestead, Fla. 33030
Mr. Spahn moved that the low bid of Richards Tractor be accepted.
The motion was seconded by Mr. McIntosh and passed unanimously.
(b) Gang Mower Frame for Golf Course - The following bid was received:
DEBRA TURF EQUIP. CO. $7,215.00 5 gang lift frame
Hollywood, Fla. 33021 6,895.00 cutting units
Upon motion made by Mr. Span and seconded by Mr. Everett, the bid
of Debra Turf Equip. Co. was unanimously accepted.
(c) Carpeting, Wallcovering, Daperies - Clubhouse - The following
bids were received for interior decorating materials and service:
WES DUNAWAY ASSOCIATES $28,524.04
Coral Gables, Fla. 33146
JOHN L. TATE INTERIORS $25,075.00
Miami Shores, Fla. 33150
Mayor Lodge stated that the chair would suggest that the Village
Manager be authorized to proceed on this item due to the timing
and he would recommend that the work be accepted in an amount not
to exceed the bid of $28,524.00.
-3-
10/6/81
Mr. McIntosh moved that the Village Manager and Country Club
Manager be authorized to negotiate for this work at not to exceed
the budgeted amount of $22,000.00. The motion was seconded by
Mr. Everett and passed unanimously. Mr. Spahn suggested that the
Advisory Committee share in this selection.
(d) Four Police rifles - Bids were received as follows:
AEROMARINE, INC.
Birmingham, Ala. 35210
SOUTHERN GUN DISTRIBUTORS, INC.
Opa Locak, Fla. 33054
LAWMAN, INC.
Miami, Fla. 33175
$1,508.52
$1,678.44
$1,920.00
Mr. McIntosh moved that the low bid of Aeromarine in the amount of
$1,508.52 be accepted, to include shipping charges. The motion was
seconded by Mr. Spahn and passed unanimously.
PARKING ORDINANCE. (Mrs. Jensen arrived)
Mr. McIntosh stated that he had checked with the State Ethics Committee
and was told that he can vote on this issue if he declares his conflict of
interest.
In the discussion that followed Mr. McIntosh offered that on Page 3.,
Paragraph (c), that 20 ft. be used instead of 21 ft. On Page 10.,it was the
consensus of Council to combine No. 2 & 3 (B-1, B-2), using 400 sq. ft. of gross
floor area. Mr. Everett proposed a new Section 405., Page 4, concerning the
Grandfather clause. This paragraph was revised and tentatively approved
substantially as follows:
Sec. 405. Off-street parking space and off-street loading
space shall be provided as specified in said schedule and shall be
furnished with necessary and convenience passageways and driveways
appurtenant thereto and giving access thereto, and one of such
space, together with such passageways and driveways, shall there-
after be encroached on or reduced in any manner except as other-
wise provided in Article V, except that an existing structure for
10/6/81
-4-
which there is a use established on or before the date of
adoption of this ordinance shall not be required to establish
off-street parking to meet any increased requirements with
reference to use as contained in this ordinance, unless there
is an increase in floor area thereof subsequent to the adoption
hereof. Provided, however, that all of said existing structures
and uses shall continue to be required to comply with all
ordinances and regulations of Miami Shores Village, Florida,
heretofore existing.
TRELLIS ORDINANCE - first reading.
An ordinance providing regulations for the use of wood trellises
as an architectural feature, as recommended by the Planning Board, was read.
Mrs. Jensen moved that it.be considered for adoption. The motion was seconded
by Mr. McIntosh and after discussion, was carried unanimously on first reading.
LETTER FROM BARRY UNIVERSITY RE BEER & WINE LICENSE.
A letter was received from Timothy H. Czerniec of Barry College/University
requesting that the Council amend the Miami Shores Village Code which pro-
hibits any new licenses"for consumption on the premises where sold, any spirit-
uous, vinous and malt liquors within the municipality". After some discussion
the Mayor asked for a consensus of Council on consideration of this change.
Mrs. Jensen stated she has reservations; Mr. Everett stated he would consider
a limited license but he is not in favor changing it over all; Mr. McIntosh
stated he would only consider it on the same basis as the Dog Track and the
Country Club. Mr. Spahn agreed with this as well as Mayor Lodge.
ELECTION RETURNS - Miami Shores Country Club.
Mayor Lodge stated that he felt the Country Club Advisory Committee
election process should be repeated in a more professional manner. He further
suggested that a new election be held on October 28th, and outlined a procedure
for conducting it.
TELEPHONE SYSTEM.
Mr. Ackley reported that we have been approached again by ITT in
regard to selling the Village phone equipment; that we have gone into our
10/6/81
-5-
system several times with Southern Bell without any satisfactory conclusions
and that he recommended that we make do with the system we have at this
time. Mr. Spahn commented that if there is considerable saving with ITT it
should be considered; are we just considering amortization or what? It was
generally agreed that we should explore ITT and other private companies and/or
cost of changing the system.
ORDINANCE AMENDING VILLAGE CODE RE COUNCIL/PLANNING BOARD VOTING.
An ordinance was presented, per Council instruction, that would
require three affirmative votes to approve action of the Planning Board, and
reduce the number of Council votes required to revise, modify, or overrule
Planning Board from four-fifths to a 70% affirmative vote. Mr. McIntosh
moved for adoption on first reading. The motion was seconded by Mr. Spahn
and passed 4/1 with Mrs. Jensen dissenting.
REPORT ON 107th STREET BRIDGE - Councilman Spahn.
Mr. Spahn highlighted a report he gave at the Property Owners Assoc.
meeting in regard to the County's plan for a bridge over the canal on 107th St.
In the discussion that followed the Council agreed to oppose the bridge by
a resolution to the County Commission.
VILLAGE MANAGER'S REPORT.
Mr. Ackley stated that Mr. Bernie Jackson's request to be heard.by
Council on parking had inadvertently been relegated to the parking ordinance,
whereas, now he understands that Mr. Jackson wishes to discuss parking meter
enforcement. Mr. Jackson (Mr. J's Clothing Store) informed the Council of the
problems his customers have with the meters and stated that he is against the
meters and strict enforcement; also, that some changes should be made in the
Meter Maid's ticketing. Mr. Spahn proposed that the Chamber of Commerce send
10/6/81
-6-
a petition to its members on enforcement of parking meters as to what they
want in this regard. It was pointed out to Mr. Jackson that the Chamber
of Commerce had previously requested better enforcement of the parking meters.
Mayor Lodge asked Mr. J. to go back to the Chamber for their specific requests.
Manager's report:
(a) Municipal tennis courts - report.
(b) Country Club membership cards - Mr. Ackley reported that the
Club Manager had ordered the plastic cards before he was
told they hadn't been approved, so we are going ahead with
them.
(c) Quayside letter - requesting some type of membership to
Country Club. No action taken.
(d) Holidays for 1981-82, per union contract.
ANNOUNCEMENTS.
COUNCIL COMMENTS.
PUBLIC COMMENTS.
Mr. Terry Cuson congratulated the administration on the fine tennis
program. He also announced the next meeting of the Property Owners Association
will be held on Monday, November 2, 1981, 7:30 p.m. at the Community Center,
with Mrs. Jensen and Mr. Ackley as speakers.
The meeting adjourned at 10:35 p.m.
APPROVED:
Rob rt J. Lodge,
Mayor
Village Clerk